Feb. 27---- Moments after Steve Patterson was acquitted on charges of illegally taking a pair of injured eaglets from a wooded area in 2013, juror Larry Kerestes stood outside court and acknowledged he felt a little conflicted.
"He did it wrong," Kerestes said of Patterson, a retired carpenter and longtime wildlife enthusiast. "But, with his state of mind, he thought he was doing the right thing. We just couldn't say no. He's guilty, but it's tough."
From Tuesday through Thursday in this town about 75 miles southwest of Chicago, Kerestes and others on the LaSalle County jury found themselves at the center of an emotionally charged trial that carried few legal consequences. But the case generated enough passion to bring about a proposed change in state law and an online petition drive with more than 66,000 supporters calling for prosecutors to drop the charges.
The tempest traces back to June 1, 2013, when Patterson saw that two bald eaglets he'd been photographing for months were grounded and injured. He scooped them up, took them to his garage, started calling authorities and conservation officials, then contacted Flint Creek Wildlife Rehabilitation in Barrington, which dispatched a team to pick up the birds.
The center nursed the birds back to health, releasing one into the wild Jan. 1, while the other continues to gain strength. Flint Creek Director Dawn Keller said staff will know by late spring if the bird will be strong enough for release.
Eight days after her team took the eaglets from Patterson, conservation officers issued four citations -- two for each bird -- to Patterson. He was charged with taking a bird of prey and taking a protected species and retaining it alive.
Conviction on each violation could have led to one year in jail and $2,500 in fines, although it was more likely that Patterson's penalty would have amounted to no more than several hundred dollars in fines.
Instead of pleading guilty or accepting plea agreements offered by prosecutors, Patterson elected to go to trial. He contended that a trial was the only way to restore the reputation he believed prosecutors had damaged. The decision led to Patterson racking up what he estimated were $20,000 in legal costs.
In closing arguments Thursday, LaSalle County Assistant State's Attorneys Zach Milus and Hope Nickel emphasized that Patterson had options other than taking the birds to his garage. And, they noted that when authorities did reply to his initial calls, Patterson declined to tell them he had the birds.
But Patterson's attorney, Thomas McClintock, maintained that his client felt state conservation authorities were neglecting the birds, which had fallen from their nest after a storm, and that they were in dire condition. From Patterson's perspective, his actions were necessary to save the birds, McClintock said.
Kerestes agreed. He and the others deliberated less than two hours. The verdict came at the end of Patterson's second trial. An earlier one ended in a hung jury in October.
"We believe, from his testimony, that he believed it was necessary in order to save the birds' lives," Kerestes said.
The juror also noted that Patterson clearly was not interested in keeping the animals "for his own use or pleasure."
Patterson's eyes welled with tears when Judge Daniel Bute read the verdicts. The eaglet retriever softly repeated, "Thank you," while looking at the jurors. Next to him, McClintock kept his head bowed for about 30 seconds.
"It was worth it when we released the first eagle January 1st and received word that the female is doing fine," Patterson, 63, of nearby Oglesby, said in the courthouse lobby. "That's what this was all about."
State's Attorney Brian Towne said he was "saddened and disappointed" Bute allowed McClintock to use the necessity defense, which states that a person's illegal conduct is justifiable to avoid injury greater than what would result from the individual's conduct.
"Under the law, necessity applies to humans," Towne said, "not animals."
Towne has asserted that conservation officials were monitoring the birds and are best-suited to determine whether a wild animal needs rescuing. He also pointed to research indicating that wild animals retrieved by humans have a very low likelihood of surviving if released into the wild
But Towne found himself under attack by popular opinion. In addition to the Change.org petition drive calling on him to drop the charges, the state's attorney said he received angry and threatening correspondence.
Another petition drive has prompted a legislative push to enact a "Good Samaritan" law in Illinois. The measure would allow a person who finds a distressed wild animal to get the animal to a sanctioned rehabilitation center in 24 hours without penalty.
After the verdicts, Patterson was asked how he was going to celebrate the victory. He said he hadn't thought about it.
Flint Creek already has honored him. Staff named the female eaglet Patti, a feminine twist on Patterson's last name. The male was named Sam, for Samaritan.
tgregory@tribpub.com
